M/S Sanmar Foundries Ltd vs Hundusstan Peeetroleum ...
2021 Latest Caselaw 6061 Bom

Priya Soparkar                      1       2 app 470-06 in arbp 358-04-os

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               ORDINARY ORIGINAL CIVIL JURISDICTION

                        APPEAL NO. 470 OF 2006
                                  IN
                 ARBITRATION PETITION NO.358 OF 2004

M/s Sanmar Foundries Limited                       ... Appellant
      Vs.
Hindustan Petroleum Corporation
Limited and anr.                                   ... Respondents

                              ----
Mr.Farhan Dubash alongwith Mr.Chaitanya Chavan, Ms.Supriya
Bhatkar and Mr.Sagar Parab i/by M/s Vigil Juris, Advocates for the
Appellant.
Mr.Minoo Siodia i/by M/s Rustamji & Ginwala, Advocate for
Respondents.
                              ----
                 CORAM : R.D.DHANUKA &
                           V.G.BISHT, JJ.
                   DATE : APRIL 05, 2021.
P.C. :
1.      By consent of the parties, following order is passed:-

                                 ORDER

(i) Impugned order dated 21st August, 2005 passed by the

learned Single Judge in Arbitration Petition No.358 of 2004 is set

aside.

(ii) Impugned arbitral award dated 10th April, 2004 passed by

the learned arbitrator is set aside.

(iii) The arbitral proceedings are restored before the learned

arbitrator.

(iv) Miss Vaishali M. Choudhary, Advocate is appointed as a sole

arbitrator. The fees and the expenses of the learned arbitrator

shall be borne by the parties equally at the first instance.

Priya Soparkar 2 2 app 470-06 in arbp 358-04-os

2. Mr.Siodia, learned counsel for the original petitioner-

Hindustan Petroleum Corporation Limited undertakes to serve the

original arbitral proceedings alongwith documents to the learned

arbitrator within a period of six weeks from today with an index

which shall be handed over to the learned arbitrator with a copy

thereof to be served upon the appellant's advocate.

3. If according to the appellant all the records of the arbitral

proceedings are not handed over to the learned Arbitrator,

appellants are entitled to submit the remaining records with a

copy to be served upon to the petitioner's advocate.

4. At this stage Mr.Dubash, learned counsel for the appellant

states that the photocopies of the entire records have been

already submitted before the learned arbitrator alongwith the

appeal. He undertakes to file copy of such records before the

learned arbitrator within six weeks from today. Undertaking is

accepted.

5. Learned arbitrator shall proceed with the matter after expiry

of six weeks from today, unless the arbitrator is informed by the

parties that matter is amicably settled. Parties can take appropriate

steps for settlement during this period of six weeks.

Priya Soparkar 3 2 app 470-06 in arbp 358-04-os

6. It is made clear that all the contentions of both the parties

are kept open.

7. Learned arbitrator shall decide the mater afresh and in

accordance with law without being influenced by the observations

made and the conclusion drawn in the impugned award dated 10 th

May, 2004 and the impugned judgment dated 23rd August, 2005.

8. In view of the fact that both the parties have agreed for

remand of the entire matter to the learned arbitrator, it is made

clear that the learned arbitrator shall proceed with the proceedings

and with the available record. None of the parties shall file any

additional proceedings or additional documents before the learned

arbitrator during the course of hearing.

9. Learned arbitrator shall make an award within six months

from the date of commencement of the arbitral proceedings.

10. Arbitration appeal is disposed of. No order as to costs.

11. The parties to act upon a copy of this order authenticated by

the Associate of this court.

( V.G.BISHT, J. )                            ( R.D.DHANUKA, J. )